This order grants anticipatory bail to Jamir Uddin and Anr under Section 438 Cr.P.C. in connection with Sections 399 IPC and Section 3(2)(e) of the Explosive Substances Act, 1984, subject to standard conditions.
Granted anticipatory bail on bond of Rs. 20,000/- each with one local surety subject to conditions for appearance and non-interference.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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GAHC010200462023
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB/3148/2023
JAMIR UDDIN AND ANR S/O- ABDUL KHALEK, R/O- BHERA GAON, P.O- GHUGUBARI, P.S- KALGACHIA, DIST- BARPETA, ASSAM, PIN-781319
2: MD. ROFIUL ISLAM S/O- JAMIR UDDIN R/O- BHERA GAON P.O- GHUGUBARI P.S- KALGACHIA
DIST- BARPETA ASSAM PIN-78131 VERSUS
THE STATE OF ASSAM REP. BY THE PP, ASSAM
Advocate for the Petitioner : MR. S AHMED
Advocate for the Respondent : PP, ASSAM
BEFORE
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THE HON’BLE MR JUSTICE ARUN DEV CHOUDHURY O R D E R
01.12.2023
Heard learned counsel for the parties.
This is an application filed under Section 438 Cr.P.C. praying for granting anticipatory bail to the petitioners, Jamir Uddin and Md. Rofiul Islam in connection with Abhayapuri PS case No. 112/2023 under Section 399 IPC read with Section 3(2)(e) of PDPP Act, 1984.
Learned counsel for the applicant submits that the applicants are innocent and have been falsely implicated in this case.
Case diary produced is perused. Considering the nature of allegation and also considering material so far collected, this court is of the view that custodial interrogation of the petitioners is not necessary in the present case.
Accordingly, it is hereby provided that, in the event of arrest, the applicants above named shall be allowed to go on pre-arrest bail on furnishing a bond of Rs. 20,000/- each with one local surety of like amount to the satisfaction of the arresting authority on the following conditions:
(1) The petitioners shall appear before the Investigating Officer within 02 weeks from today for recording his statement.
(2) The petitioners shall not hamper with the investigation, or tamper with the evidence of the case,
(3) The petitioners shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from
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disclosing such facts to the Court or to any police officer,
every date as and when called for.
Bail application stands disposed of.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether anticipatory bail should be granted to the petitioners in the present case.
2 provisions across 2 enactments
Jamir Uddin and Anr
The State of Assam
Arun Dev Choudhury
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
